Speedy Repro & Design v Khanyile and Others (8262/06) [2011] ZAKZDHC 38 (5 May 2011)

Speedy Repro & Design v Khanyile and Others (8262/06) [2011] ZAKZDHC 38 (5 May 2011)

The court found that the three defendants contracted with the plaintiff in their personal capacities as OBE Publishers, and did not sufficiently notify the plaintiff of any change to a close corporation. The evidence showed that the plaintiff performed the complete production of textbooks, including design, layout,...

Source-derived case information.

Citation
[2011] ZAKZDHC 38
Parties
Plaintiff: Speedy Repro & Design CC; Defendant: Msiza Lincon Khanyile; Defendant: Jackson Hadebe; Defendant: Zanele Gladness Buthelezi
Court
Kwazulu-Natal High Court, Durban
Jurisdiction
South Africa
Judgment Date
5 May 2011
Case Number
8262/06
Procedural Posture
Civil Trial / First Instance
Outcome
Judgment for the plaintiff; defendants held jointly and severally liable for payment of the contract balance, interest, and costs.
Judges
Murugasen
Legal Topics
Oral Contract, Personal Liability of Members, Contract Price, Payment Terms, Outsourcing, Joint and Several Liability
Commercial and Corporate Oral Contract Personal Liability of Members Contract Price Payment Terms Outsourcing Joint and Several Liability

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Summary, issues, holding and outcome

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Parties

Speedy Repro & Design CC

Plaintiff

Msiza Lincon Khanyile

Defendant

Jackson Hadebe

Defendant

Zanele Gladness Buthelezi

Defendant

Procedural Posture

Civil Trial / First Instance

Legal Issues

  1. 1 Whether the three defendants contracted with the plaintiff in their personal capacities and are jointly and severally liable for payment.
  2. 2 Whether the contract price was R708 085.37 as alleged by the plaintiff.
  3. 3 Whether payment of the contract price was due thirty days from the date of the consolidated invoice dated 31 January 2004.

Ratio Decidendi

The court found that the three defendants contracted with the plaintiff in their personal capacities as OBE Publishers, and did not sufficiently notify the plaintiff of any change to a close corporation. The evidence showed that the plaintiff performed the complete production of textbooks, including design, layout, and printing, as specified in Annexure A, and that the agreed contract price was R708 085.37. The defendants accepted delivery and invoices without dispute and made partial payments, but failed to pay the balance. The court rejected the defendants' version as improbable and unsupported, noting contradictions and lack of corroboration. Payment was due thirty days after the...

Court Disposition

Judgment for the plaintiff; defendants held jointly and severally liable for payment of the contract balance, interest, and costs.

Orders

  • The defendants are ordered to pay the plaintiff the sum of R553 085.37 jointly and severally, the one paying the other to be absolved.
  • Interest at the rate of 15.5% per annum from 3 March 2004 to date of payment is awarded to the plaintiff.